Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-09-28
AN INIPoRTANT CASE
Decided in the United States District
Court, Yesterday Afternoon.

Court, Yesterday Afternoon
In the United States District Court, yes
terday, in the case of Joseph Dufiner '.
Daniel ID. T. Farnsworth and Others, the
somewhat famous Upshur county land
controversy, a decree was made in favor OF
plaintiff, and a~pportioning the liability
among the defendants. The contract
made between the parties which led TO this
suit, was made on the 24th day of April,
1888, and was supplemented on the
18th day of May, in the same year, by
a deed for the land in question, which en-
braced 40, 600 acres. The parties of the first
part to the deed were eighteen In number,
most of them being hereinafter named,
while the purchasers were Charles, Joseph
and Mathew Duffner, of Cleveland. When
the purchasers anne to take possession OF
the land, it was found that Farnsworth
and the Others had no legal title, and there
was a hitch. The DuffneIs had paid their
money and in lieu of either it or the land
thew brought suit to recover their cash.
The decree entered yesterday recltes
that the defendants now before the Court
are liable for the amounts of money paid
by the plaintiff under the above contract
in proportion to the respective interests
claimed by them in the real property
mentioned, and ut further appearing that
the plaintiff paid under the said contract
the sums of $l0u On the oath of April,
1885, the sum of 1000 on May 4, 1883,
the sum of So, 900 July II, 1888"
making a total of SIS, 794. SO, with
interest, and it appearing to the
Court that d. d. T. FarnswOrth, A. b.
Clark, Henry C. KoOn, Cyrus Hinkle, w.
ID. Farnsworth, William H. Westfall, ex-
ecutor, W. II. Mccormick, w. ii. Hell
penstine, NJ. S. Thomas, A. M. Smith, J.J.
Morgan, administrator, are liable for one
fortieth thereof; each OF the above jointly
liable for one-fortieth in addition; Valen-
tine Strader and Philip Roger Jointly for
one-Gortieth; Alfred M. Smith for three
fortieths, John A. Crislip for one and one
half fortieths, and l.. S. S. Farnsworth for
four and one-half fortieths, it was ordered
that the plaintiff recover sums as follows
from the said defendants, with interest:
From each of the holders of a One-iortleth
interest, $3.50. Sc; from l.. S. S. Farnsworth,
s.. ia 81; from John A. Crislip, S7O4.7 ~;
from Alfred NJ. Smith, 81, 400 So; and from
the eleven Joint holders in the One-tortieth
share the sun Of 1863. st. 1t was further
ordered that the extra sum Of $1,000 paid
by the plaintiff TO ID. ID. I. Farms
worth on November l, 1883, be
recovered from the said Farnsworth and
Phillip Thomas, the said sum of $500,
with interest, making s., 1920. And it
further appearing to the Court hal between
the making of the contract in April, 1883,
and December of the same year, plaintiff
expended $40 i'll endeavoring to obtain
possession OF the land sold him, and S463
for taxes, it is ordered that these sums,
amounting to 81, SOB, he refunded by the
defendants, and in addition 1t Is ordered
that the plaintiff recover his costs.
The defendants d. d. T. FarnswOrth and
| Phillip Thomas will appeal the cause to
the Supreme Court of the United States,
giving bond in the sum of $4,000.
OTHER BUSINESS.
In the case of the u. S. V. Annie Geary,
indicted for a violation of the internal rev.
enue laws, there was a verdict OF guilty.
Fine of 800 and sentence suspended rs to
imprisonment.
In the case of l. l.. Ullum V. Hannah
andFrank Cross, in ejectment, leave was
given to file an amended declaration, and
the cause was remanded to rules for that
purpose.
The land case of Phillips and Others v.
J. j.. Smith, in chancery, was argued.